Utah Impeachment ProcessJanuary 21, 2013Page 2 of 3
A Utah state or judicial officer is removed from office only if the Senateconvicts the officer in a trial in the Senate after the House hasimpeached the officer.
For example, former President Bill Clinton was "impeached" becausethe U.S. House adopted Articles of Impeachment, but he was notremoved from office because the U.S. Senate did not "convict" him.
IV. Summary of Impeachment Process in Utah:
Resolution Initiates Impeachment
--A member of the House files aresolution calling for the impeachment of a state or judicial officer (UtahCode §77-5-3) (See Appendix A for example of an impeachmentresolution for Judge Harding in 2003)
House Establishes Rules of Process
-- If resolution passes, Houseadopts, by constitutional majority vote, policies establishing proceduresfor, and governing the conduct of, the impeachment process (HouseRule 1-6-101) (See Appendix B for an example of the policies adoptedby the House for the Judge Harding impeachment in 2003)
Constitutional Standard for Impeachment
-- "The Governor andother State and Judicial officers shall be liable to impeachment for highcrimes, misdemeanors, or malfeasance in office; . . . ." UtahConstitution Article VI, Section 19. (Because impeachment isconstitutionally vested in the legislative branch, courts have generallydeclined to interfere in the process, including declining to second guessthe legislative branch on the meaning and scope of the terms "highcrimes, misdemeanors, or malfeasance in office.")
House Committee Action
-- Because the policies usually requirereferral of the impeachment to a House committee, the committeemeets, subpoenas and examines witnesses, documents, and other relevant material, and, if the evidence warrants, draws up Articles of Impeachment and recommends that the entire House adopt them.(Articles of Impeachment are similar to an information or indictment --they lay out, article by article, the specific charges against the personbeing impeached.)
House Floor Action
-- The House votes on each article separately. If one or more articles receive a 2/3 vote in favor, the officer or judge isimpeached and the House submits the Articles of Impeachment to the